Broxtowe Borough Council (202333724)

REPORT

COMPLAINT 202333724

Broxtowe Borough Council

27 June 2024

Our approach

The Housing Ombudsman’s approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). The Ombudsman considers the evidence and looks to see if there has been any ‘maladministration’, for example, whether the landlord has failed to keep to the law, followed proper procedure, followed good practice, or behaved in a reasonable and competent manner.

Both the resident and the landlord have submitted information to the Ombudsman, and this has been carefully considered. Their accounts of what has happened are summarised below. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigation’s findings.

The complaint

The complaint is about the landlord’s response to the following reports:
1. A leak in the upstairs bathroom and associated damage to the kitchen ceiling.
2. Brickwork and plastering repairs.
3. The shower tripping.
4. Condensation and missing keys for the lounge windows.
5. Loss of heating and the associated hot water and boiler repair.
6. Damp and mould.
7. Rubbish left outside.

Background

The resident is a secure tenant of the landlord, which is a local authority, and the tenancy commenced in November 2022. The property is a 2-bedroom house.

Summary of Events

On 7 June 2023 the resident reported a leak from the kitchen ceiling. The landlord attended on 9 June 2023 and inspected the bathroom above the kitchen and found it was not the standard model that was installed in its properties. The landlord resealed the bath to stop the leak.
On 23 June 2023 the resident reported that the electric shower was tripping after it was on for 15 minutes. The landlord noted that alternative bathing facilities were available and raised electric and plumbing work. This was repaired on 24 July 2023.
The leak from the bathroom broke the kitchen ceiling on 24 June 2023 and the out of hours team attended within 24 hours and stopped the leak. The resident asked the landlord to address the damaged plastering and ceiling.
The resident raised a complaint on 16 July 2023 stating that since moving into the property a number of repairs remained outstanding. This included damp, crumbling brickwork, no central heating, the shower tripping, rubbish, condensation, missing window keys, and the ceiling leak (for which he sought compensation for damage to the decoration).
The landlord arranged the kitchen ceiling repairs on 24 July 2023 and issued its stage 1 response the following day. It apologised for the delays in completing the repairs, which it listed and stated that work would progress. It offered £30 vouchers for the decoration to the kitchen ceiling.
The resident raised the heating repair again on 25 July 2023 and the landlord booked an appointment for 31 July 2023, when it identified a faulty part. A replacement was ordered and the repair was completed on 31 August 2023, restoring the heating.
On 26 July 2023 the resident repeated his report about the lounge window condensation and not having keys for the window locks. The landlord raised this with its contractor as a priority.
From 4 to 11 August 2023 the landlord raised work orders to remove rubbish items which had been left outside the property. This was partially completed on 11 August 2023 with additional work raised to remove the remaining rubbish on 25 and 29 August 2023. The landlord also confirmed the outstanding replacement and repair needed to the bath, frame, and panel and raised this work for 21 August 2023. However, there was a supply problem and it did not complete this as planned. This was completed on 31 October 2023. The kitchen ceiling repair was subsequently booked in for 6 December 2023.
The landlord raised an inspection of the outhouse toilet and hallway on 25 August 2023, in response to the resident’s report about crumbling brickwork and plastering. This was carried out on 21 September 2023; works were confirmed internally but it is not clear if this was communicated to the resident. The landlord arranged for a repair of the wall and an application of anti-fungal paint to address the damp. Work was carried out in September 2023 and January 2024. The full scale of the works, and the landlord’s action plan or decision making in respect of the outhouse structure have not been clear from the evidence provided.
A new repair to the heating and hot water was raised on 4 October 2023; the resident reported that the hot water was extreme even when it was turned down and there was an error message when the heating was turned on. The landlord raised the work order on 9 October 2023 via a gas engineer and a part was replaced on 30 October 2023 restoring normal water temperature. During the work the engineer identified that the radiator pipes also needed bleeding and this was completed on 10 November 2023.
In the resident’s stage 2 complaint of 13 November 2023, he stated that:
1. The bathroom was still leaking into the kitchen and live wires in the kitchen ceiling were dangerous.
2. The outbuilding was still crumbling and riddled with damp and mould and nothing was done.
3. They just had their central heating back, after no heating and hot water for months. There was a new issue with the boiler pressure dropping.
4. The living room window was measured but no further action was taken.
5. He emailed the landlord several times but had not heard back, and his family felt let down by everything.
The landlord acknowledged the complaint on 16 November 2023 and issued the stage 2 response on 11 December 2023, as follows:
1. It detailed its response to the various repairs and apologized for the hardship caused by the delays in its repairs service and communications.
2. It would ask the window repair contractor to contact the resident by 18 December 2023.
3. It did not have reports about the kitchen wires or missed correspondence. It apologised for not recording this during its inspection of September 2023 and for any missed communication.
4. It set out the learning from the complaint, including the need for appropriate communication with residents, logging and prioritising repairs within a reasonable timeframe, and monitoring works to completion whether these are carried out inhouse or externally.
5. It had recently restructured as an organisation and reviewed its repair processes and recruited staff to address identified service improvements.
6. The original compensation was inappropriate and it revised this, citing the Ombudsman’s guidance for failures to put things right and failure to address the detriment caused as a result. It calculated this as £1,000 for delays to the repair of the ceiling leak and damp and mould repairs, and a further £1,000 for the distress and inconvenience, and the detriment to the resident’s health, totalling £2,000.
A damp inspection took place on 19 December 2023 and identified levels of moisture which indicated the need for a specialist damp survey. This was completed in February 2024 and resulted in the identification of remedial works. In January 2024 repairs to the brickwork and the new report of a leak from the bathroom were completed.

Assessment and findings

Scope of investigation

The landlord’s repair service and how it has managed the subsequent decant process as part of the remedial works for damp and mould in 2024 have not been assessed. This is because these matters have not exhausted the landlord’s internal complaint process, so the landlord has not yet had an opportunity to investigate and resolve them in the first instance. If the resident wishes to pursue these matters further, he should raise a complaint in that regard (reflected at paragraph 42(a) of the Scheme).

The landlord’s response to the repair reports

The Repair Policy states that the landlord is responsible for repairs and maintenance of the structure and exterior of the property, space and water heating equipment, installations for the supply of gas and water, kitchens and bathrooms and plastering. Residents are responsible for minor plaster cracks, unblocking waste pipes to the bath, shower or wash basin, re-pressuring a boiler, and replacing minor components to washing facilities.
The resident said that when he viewed the property in late 2022, he highlighted the rubbish left outside, the stains on the ceiling, and damp. The available repair records indicate that the resident was due to move in on 29 November 2022 and a standard electrical inspection was completed in January 2023; evidence of the agreed actions prior to the start of the tenancy have not been seen. The repair records and available evidence since the start of the tenancy have been relied upon to establish when repairs were raised.

Leak in the bathroom and associated damage to the kitchen ceiling

Although the contractor attended to the reported leak within its Repair Policy timescale of 7 working days for urgent appointments, the operative did not find the source of the leak and did not take any further action following their visit (in which they applied sealant to the bath). The landlord should have monitored the repair and booked a follow up inspection to establish the cause of the leak when its contractor was unable to diagnose the source of the water ingress.
Following further reports on 24 June 2023 the landlord provided a prompt repair service through its out of hours team, in line with its Repair Policy which states that it will respond to emergency repairs within 24 hours and urgent repairs within 7 days. However, the landlord did not then manage the replacement and repair in the bathroom which had caused the problem and the follow up repair to the kitchen ceiling within a reasonable timeframe.
Work to replace the incorrect bath model and the related components was scheduled for August 2023 but, due to a supply issue, was completed on 31 October 2023. This exceeded the Repair Policy timescale of 20 working days for routine repairs, and was therefore unreasonable, and the kitchen ceiling repairs were ultimately completed on 6 December 2023.
The delay following the leak in June 2023 was partly due to the need to repair the bath first, but the delay of approximately 2 months after the bath had been replaced was not reasonable and not in line with the 20 working day timescale set out in the Repair Policy.
Further, there were new reports by the resident of additional related repairs to the kitchen wires and another leak. The kitchen wire repair has not been clearly evidenced and the leak was raised in November 2023 and addressed on 23 January 2024, one month outside the target timescale in the Repair Policy.
Due to the overall delays in repairs which the landlord carried out and unreasonable management and monitoring of repairs, the Ombudsman considers there was a failure in service. It is, therefore, necessary to consider whether the landlord’s offer of compensation was sufficient to redress those failings satisfactorily. As the landlord has not provided a breakdown of how it reached its overall compensation figure (£1,000 for the service failures overall and £1,000 for the impact, distress and inconvenience, and time and trouble) this Service has attributed specific values to each point of complaint as part of our assessment.
The Ombudsman would award £275 for the failings identified in relation to this complaint point, in line with our Remedies Guidance. As this is well within the compensation offered by the landlord, it has awarded sufficient financial redress to recognise the impact on the resident. In addition, the landlord openly acknowledged the delays to repairs, failure to prioritise, monitor and manage the repair effectively, which was appropriate in the circumstances.
However, the landlord has not done enough to address the resident’s reports of more recent issues, or evidence its response to those reports. Therefore, it has not provided a satisfactory resolution to the complaint overall. As a result, the Ombudsman makes a finding of service failure and orders the landlord to apologise to the resident for its failings and provide an update on the status of these repairs.

The brickwork and plastering of the outhouse toilet, corridor and wall in the kitchen

Evidence shows that work was arranged in September 2023 following an inspection, 2 months after the resident reported this issue on 16 July 2023. Further work was completed in January 2024 to the brickwork and plaster. The landlord did not respond to the resident’s report about these repairs within a reasonable timescale of 20 working days as set out in the Repair Policy.
The landlord acknowledged a service failure in its delays and not monitoring the repairs appropriately. This demonstrated that it took the complaint seriously and identified areas for improvement, in line with the Ombudsman’s Dispute Resolution Principles. In these circumstances, the Ombudsman would award £100 compensation which is, again, well within the remaining compensation offered by the landlord. As a result, it offered proportionate financial redress on this point.
However, the landlord failed to communicate clearly with the resident about its action plan and any agreed timescales for works which it would, or would not, do in respect of the outhouse building, plastering and brickwork. It is important to note that it is not always appropriate to simply offer compensation in response to a complaint. Instead, the focus should be on resolving the substantive issues raised within the complaint. As a result, the Ombudsman makes a finding of service failure and orders the landlord to apologise and confirm the status of the works to the resident.

The shower tripping

The shower was repaired 21 working days after the report of the repair, only one working day beyond the Repair Policy timescale. The landlord established that the household had a separate bathing facility available, which mitigated the detriment caused by the 1 working day delay in its repair service, and apologised to the resident for the delay in its repair.
While this Service understands that the outstanding repair was frustrating for the resident, it should be noted that it is not possible for the landlord to attend to all repairs immediately. Target repair timescales are in place to make the most effective use of the landlord’s limited resources and, in this case, the landlord responded to the repair within a reasonable timeframe. Overall, the Ombudsman finds that the landlord’s response was appropriate and there was, therefore, no maladministration.

Condensation and missing keys and lock issue in the lounge windows

The landlord did not dispute its failure to respond within a reasonable timeframe to the resident’s report of condensation in the living room window and the issue of missing keys which he raised in July 2023. There was a visit to inspect the windows, but no follow up communication to provide an action plan in respect of any repairs which were identified. Further, there was no communication to confirm if there were no repairs needed, nor any follow up about the keys, until December 2023.
The resident experienced time and trouble in waiting for the landlord’s response on this issue, for which the Ombudsman would award £75. As this falls within the remaining compensation awarded by the landlord, and no further action is needed to satisfactorily resolve this complaint, this Service finds that there was reasonable redress.

Loss of heating and the associated hot water and boiler repairs

The resident reported lack of heating on 16 and 25 July 2023, and this was repaired on 31 August 2023 after an inspection on 31 July 2023. The repair was not completed within 20 working days as required under the Repair Policy. The landlord acknowledged a delay in its repair service, and a failure to monitor the repairs, and it offered compensation which encompasses that which the Ombudsman would award for this failure (£50). This takes into account the mitigating factors in the time of year (summer) and the time for parts ordered for the repair.
The further reports of repair to the heating/hot water were addressed within 18 working days, in line with the Repair Policy timescale. Additional work was identified to the radiator and completed within 10 working days. There were no further failures in the landlord’s handling of the heating and hot water related repairs so, overall, the landlord offered reasonable redress in respect of this complaint.

Rubbish left outside the property

The historic communication on this point was not evidenced, so the Ombudsman has considered the landlord’s service following the resident’s notice of the issue in July 2023. The evidence shows that the landlord raised jobs to remove the rubbish and this was carried out in several visits in August 2023.
There was no evidence of detrimental impact on the household and the landlord removed the rubbish within the following month of the resident’s report, which was reasonable. Therefore there was no maladministration in respect of this complaint.

Damp and mould

The resident reported damp in the property on 16 July 2023. The landlord engaged with the pre-inspection for damp on 19 December 2023, 5 months after the resident’s report, just over 4 months beyond the reasonable timescale guided by the Damp and Mould Policy, which states that the landlord will ensure that such reports are responded to promptly. This was unreasonable.
The delay in the landlord’s response is also contrary to the recommendations of the Ombudsman’s Spotlight report on Damp and Mould for landlords to ensure that their responses to these reports are timely and reflect the urgency of the issue. The resident expressed his concerns about his young household and the impact on their wellbeing, as well as his personal circumstances of having a new baby in this environment. He experienced time and trouble and distress and inconvenience.
The landlord subsequently relied on the result of the pre-inspection report of December 2023 to engage in a specialist damp survey, raised in January 2024 and carried out in February 2024. The landlord’s services in 2024 have not been assessed.
Overall, there was an unreasonable delay in the landlord’s response to the resident’s report of damp and mould, and the resident experienced distress and inconvenience, and time and trouble. The Ombudsman would award £450 calculated as approximately £100 per month that was beyond the reasonable timescale. As this amount is encompassed within the landlord’s overall offer of redress and no further action is needed to resolve this complaint, there has been reasonable redress in respect of this complaint.

Determination (decision)

In accordance with paragraph 52 of the Scheme there was service failure in the landlord’s response to the resident’s reports about:
1. A leak in the upstairs bathroom and associated damage to the kitchen ceiling.
2. The brickwork and plastering.
In accordance with paragraph 52 of the Scheme there was no maladministration in respect of the landlord’s response to the resident’s reports about:
1. The shower repair
2. Rubbish removal
In accordance with paragraph 53(b) there was reasonable redress by the landlord in its response to the reports about:
1. Condensation and missing keys for the lounge windows.
2. Loss of heating and the associated hot water and boiler repair.
3. Damp and mould.

Reasons

In respect of the complaint about the leak in the bathroom and kitchen ceiling, the landlord’s offer of redress encompassed that which the Ombudsman would award. However, the landlord has not provided an adequate response to resolve the substantive issue and this requires further action.
In respect of the complaint about the brickwork and plastering complaint, the landlord’s offer of redress encompassed the level of redress which the Ombudsman would award. However it did not provide a clear action plan to confirm the timescale for works, and further action is needed in that regard.
In respect of the complaint about the shower repair, the landlord responded reasonably, and only just outside its target timescales.
In respect of the complaint about the rubbish removal, the landlord responded reasonably to the request within an appropriate timeframe.
In respect of the complaint about the condensation and missing keys for the lounge windows, there were failings by the landlord for which it offered compensation which reflects the amount that would be awarded by the Ombudsman.
In respect of the complaint about the loss of heating and hot water, there were failings by the landlord for which it offered compensation which reflects the amount that would be awarded by the Ombudsman.
In respect of the complaint about the damp and mould, there was service failure by the landlord due to the unreasonable timescale of its response. The landlord’s offer of redress encompassed the level which the Ombudsman would award for the service failure, and this was proportionate to the impact of the delay.

Orders and recommendations

Within 4 weeks of the date of this report, the landlord is ordered to:
1. Apologise to the resident for the time and trouble in respect of the service failures identified in this report.
2. Provide the resident with an action plan to address the report about the kitchen wire.
3. Confirm with the resident the status of the repair to the brickwork and plastering.

The landlord is recommended to pay the total compensation it awarded of £2,000 for the service failures and the impact in time and trouble, and distress and inconvenience, if it has not done so already. The reasonable redress findings are made on the basis of this payment being made.